In this Book

  • Fish in the Lakes, Wild Rice, and Game in Abundance: Testimony on Behalf of Mille Lacs Ojibwe Hunting and Fishing Rights
  • Book
  • Edited by James M. McClurken
  • 2000
  • Published by: Michigan State University Press
summary

On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. In order to interpret the treaty the courts had to consider historical circumstances, the intentions of the parties, and the treaty's implementation. The Mille Lacs Band faced a mammoth challenge. How does one argue the Native side of the case when all historical documentation was written by non- Natives? The Mille Lacs selected six scholars to testify for them. Published here for the first time, Charles Cleland, James McClurken, Helen Tanner, John Nichols, Thomas Lund, and Bruce White discuss the circumstances under which the treaty was written, the personalities involved in the negotiations and the legal rhetoric of the times, as well as analyze related legal conflicts between Natives and non- Natives. Justice Sandra Day O'Connor delivered the 1999 Opinion of the [United States Supreme] Court.

Table of Contents

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  1. Cover
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  1. Title Page, Copyright
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  1. Contents
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  1. Foreword
  2. pp. vii-x
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  1. Preliminary Report of the Ethnohistorical Basis of the Hunting, Fishing, and Gathering Rights of the Mille Lacs Chippewa
  2. pp. 1-140
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  1. The Regional Context of the Removal Order of 1850
  2. pp. 141-328
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  1. The 1837 Treaty of St. Peters Preserving the Rights of the Mille Lacs Ojibwa to Hunt, Fish, and Gather: The Effect of Treaties and Agreements since 1855
  2. pp. 329-462
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  1. Supporting Testimony
  2. pp. 463-464
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  1. The Mille Lacs Band and the Treaty of 1855
  2. pp. 465-485
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  1. The 1837 and 1855 Chippewa Treaties in the Context of Early American Wildlife Law
  2. pp. 486-513
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  1. The Translation of Key Phrases in the Treaties of 1837 and 1855
  2. pp. 514-525
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  1. Opinion of the Court
  2. pp. 525-546
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  1. Index
  2. pp. 547-572
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